Indian Penal Code, 1860
Section 138
repealedAbetment of act of insubordination by soldier, sailor or airman
Whoever abets what he knows to be an act of insubordination by an officer, soldier, sailor or airman, in the Army, Navy or air Force, of the Government of India, shall, if such act of insubordination be committed in consequence of that abetment, be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Why this exists
Military discipline depends on the chain of command being respected. The Indian Penal Code, drafted in the colonial era, included several provisions (Sections 131-138) to protect the discipline of the armed forces by criminalizing not just mutiny itself but also lesser acts like abetting insubordination. Section 138 targets a milder form of interference than full mutiny (covered under Section 131) — it addresses everyday acts of encouraging defiance of orders, recognizing that a functioning military needs protection even from smaller disruptions to command structure.
Common misconceptions
- Myth: Only soldiers can be punished under this law.
Fact: Any person, including civilians, who abets (encourages or helps cause) an act of insubordination can be punished under this section, not just the soldier who disobeys. - Myth: Just encouraging disobedience is enough for conviction, even if nothing happens.
Fact: The law requires that the actual act of insubordination must occur 'in consequence of' the abetment — mere encouragement without a resulting act of insubordination does not meet the requirement of this specific section. - Myth: This section covers mutiny.
Fact: Mutiny is a more serious offence covered separately under Section 131 IPC; Section 138 covers the lesser offence of abetting simple insubordination.